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KIMMINS ABATEMENT v. CONESTOGA-ROVERS

253 N.J. Super. 162 (1991)

601 A.2d 256

KIMMINS ABATEMENT CORP., A DELAWARE CORPORATION, AND KIMMINS INDUSTRIAL SERVICE CORP., A DELAWARE CORPORATION, PLAINTIFFS-RESPONDENTS, v. CONESTOGA-ROVERS & ASSOCIATES, INC., A NEW YORK CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Law Division Somerset County.

Decided July 19, 1991.

Attorney(s) appearing for the Case

Janet Moss, for plaintiff (Riker, Danzig, Scherer, Hyland & Perretti, attorneys).

Timothy Brown, for plaintiff (Watt, Tieder, Killian & Hoffar, attorneys).

Joel Silverstein, for defendant (Stern and Greenberg, attorneys).

John Kobayaski, for defendant (Kobayashi & Associates, P.C., attorneys).

ARNOLD, P.J.Cv.

The defendant, Conestoga-Rovers & Associates, Inc., (CRA) moved to dismiss plaintiff's complaint pursuant to the entire controversy doctrine, R. 4:30A. The motion raised the novel issue of whether the entire controversy doctrine bars this action because of the plaintiff's failure to join CRA as a party in a first lawsuit in another state. This opinion is intended to supplement the court's...

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